Report I2020-2 Recommendation 6 Responses

Report I2020-2: Investigations of Improper Activities by State Agencies and Employees: Wasteful and Improper Personnel Decisions, Improper Contracting, Conflict of Interest, Misuse of State Resources, and Dishonesty (Release Date: October 2020)

Case Number I2018-0745

Recommendation #6 To: Education, Department of

Education should work with the California Department of Human Resources (CalHR) to determine whether Education's delegated authority to approve higher-than-minimum salaries should be withdrawn. If CalHR allows Education to retain the authority, Education should work with CalHR to develop eligibility, review, and documentation criteria for higher-than-minimum salary approval and to provide training to HR staff.

Agency Response From October 2021

Response Date: 10/26/2021

Education provided CalHR with an update regarding its higher-than-minimum policy on September 30, 2021. Education also reported that it developed two internal forms to guide human resources staff through the higher-than-minimum review process and will provide training to staff in the Classification and Pay Unit by October 31, 2021. The focus of the training will be on the changes made to the higher-than-minimum policy, the two new forms, and the internal processes and controls that will go into effect beginning November 1, 2021.

California State Auditor's Assessment of Status: Fully Implemented


Agency Response From September 2021

Education reviewed its internal HAM policy and is making updates to the policy. Once completed, Education plans to submit the updated internal HAM policy to CalHR for review by September 30, 2021.

California State Auditor's Assessment of Status: Pending


Agency Response From July 2021

Education reported that CalHR determined that Education inappropriately granted a higher-than-minimum salary for a former employee. In July 2021, CalHR issued a directive to Education to revoke the inappropriate higher-than-minimum salary and correct the former employee's salary back to the date of hire. Education stated that it is working on implementing the directive. Additionally, CalHR directed Education to develop an internal hiring above minimum (HAM) policy within 60 days, and Education stated that it is developing the written policy.

California State Auditor's Assessment of Status: Pending


Agency Response From April 2021

Education reported it met with CalHR and the SPB in late March 2021. It stated that CalHR and SPB continue to review the documents provided by Education and will schedule another meeting with Education to discuss the outcome.

California State Auditor's Assessment of Status: Pending


Agency Response From January 2021

Education reported that it contacted CalHR regarding the recommendation and indicated that it will schedule a meeting soon.

California State Auditor's Assessment of Status: Pending


Agency Response From November 2020

Education reported that it believes this recommendation is resolved because the State Personnel Board's (SPB) compliance review report issued in June 2020 demonstrates Education's full compliance with all civil services laws, SPB rules, and CalHR policies and guidelines for appointments with a higher-than-minimum salary. We have requested a copy of SPB's compliance review report showing that Education was in compliance. However, as the SPB report covered nine months in 2019 only, we believe that Education should work with CalHR to review the time frame covered by this investigation.

California State Auditor's Assessment of Status: No Action Taken


All Recommendations in I2020-2